Rupinder Singh vs State Of Himachal Pradesh

Sureshwar Thakur, J

The instant petition, stands instituted by the bail applicant, under, Section 438 of Code of Criminal Procedure, wherethrough he seeks grant of anticipatory bail qua him, given his apprehending his arrest, for allegedly committing, an, offence punishable, under Section 420/34 of I.P.C in case FIR No.26/2020 of 26.2.2020, registered with Police Station, Kihar, District Chamba, H.P.

The complainant sub contracted the relevant works to one Akhtar Hussain, and, the latter transmitted to the accused, a, sum of Rs.15,00,000/-, for, the relevant purpose. The afore sum has been allegedly embezzled by the accused, in as much, as, no works at the site concerned stands executed/commenced. However, it appears from a perusal of the photocopy of the agreement placed, on record, by the learned counsel for the applicant, that, the relevant works, of, fabrication of steel, launching of steel, fixing of steel, and, transportation of steel rather become assigned to the father, of, the bail applicant and prior thereto the covenanted preliminary works, required execution by the complainant. If so and if the afore preliminary works are not done, as agreed, by the complainant, at the relevant site, thereupon prima-facie at this stage, no incriminatory role can be attributed, to the bail applicant, who, is not an executant of the agreement, rather is the son of the accused. Consequently, if, preliminary works, as, borne in clause 11 of the agreement, are, not provenly hence by the Investigating Officer, in his apposite report, accompanying the deposit endevour, of, the bail applicant, rather completed within four weeks hereafter, by the complainant, thereupon the bail applicant, and his father, shall deposit a sum of Rs.15,00,000/-in the Registry, of, this Court, within a period of three weeks thereafter.

Necessarily, in view of the afore conditional directions, the liberty of the bail applicant cannot be curtailed, and, the order of 3.7.2020 is confirmed, on, the following conditions:-

That he shall join the investigation, as and when required by the Investigating agency;

That he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police;

That he shall not leave India without the previous permission of the Court;

That he shall deposit his passport, if any, with the Police Station, concerned;

That in case of violation of any of the conditions, the bail granted to the petitioner shall be forfeited and he shall be liable to be taken into custody;

That he shall apply for bail afresh when the challan is filed before the trial Court.

In view of above, petition stands disposed of. Any observation made hereinabove shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.